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2015 Supreme(Ker) 1152

RAJA VIJAYARAGHAVAN V., K.T.SANKARAN
Kumaran – Appellant
Versus
District Collector and District Magistrate, Kozhikode – Respondent


Advocates Appeared:
For the Appellant :K.S. Arun Kumar, M.N. Maya, Resmi Thomas and M.S. Dileep, Advocates.
For the Respondent: Tom Jose Padinjarekkara, Additional Director General of Prosecution and Bindu Gopinath, Senior Government Pleader.

JUDGMENT :

K.T. Sankaran, J.

1. The main question involved in this Writ Petition is whether before passing an order under Section 3(1) of the Kerala Anti-Social Activities (Prevention) Act (hereinafter referred to as 'the KAAPA'), it is necessary that the detaining authority should pass another order declaring that the person concerned is a "known goonda" or "known rowdy." Certain other points are also raised by the learned Counsel for the petitioner which will be dealt with hereunder:

Vikas, the son of the petitioner, was detained in execution of the order of detention dated 18/06/2015 passed by the District Magistrate, Kozhikode. The order was executed on 24/06/2015. The order of detention was confirmed on 20/08/2015 holding that the detenu was liable to be detained for a period of six months. The order of detention and the continued detention are under challenge in this Writ Petition.

The learned Counsel for the petitioner submitted that though in Ext. P1 order of detention there is mention that the detenu satisfies the definition of known rowdy under Section 2(p)(iii) of the KAAPA and that he is a known rowdy, there is no order preceding Ext. P1 declaring that the detenu is a know























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